The accused was an applicant in a maintenance case (M218/12) where she was awarded US$50 per month from Energy Ngundu. On 10 May 2013, a Direction Against Employer was issued requiring deductions of $70 per month ($50 current maintenance and $20 for arrears of $300). On 10 July 2013, the maintenance order was discharged in the accused's presence. On 26 August 2013, the accused withdrew $130 from her POSB account. She was charged with contempt of court under s 182(c) of the Criminal Law (Codification and Reform) Act for withdrawing money after the maintenance order was discharged. She pleaded guilty while unrepresented and was convicted on 22 November 2013. A legal practitioner later took over the case and applied for review, arguing that the accused was entitled to the money withdrawn as it represented arrears owed to her, and that the facts presented to the trial court were inaccurate and misleading.
The verdict of guilty to contravening s 182(2)(e) of the Criminal Law (Codification and Reform) Act was set aside. The accused was found not guilty and acquitted. If she had paid the $130 restitution by 5 December 2013, it was ordered to be paid back to her. The trial magistrate was directed to recall the accused and advise her of the order.
The discharge of a maintenance order does not affect arrears that have already accrued to the beneficiary prior to the discharge. A person cannot be guilty of contempt of court for withdrawing money to which they are legitimately entitled as arrears, even if the withdrawal occurs after the maintenance order has been discharged. Contempt would only arise if the person withdrew more than they were entitled to receive.
The court observed that had the correct set of facts been presented to the public prosecutors, the accused would likely not have been prosecuted in the first place. The court also noted that although the sentence imposed (30 days imprisonment wholly suspended on condition of paying $130 restitution) was not one ordinarily subject to scrutiny by a Regional Magistrate or review by a High Court judge, the application by the legal practitioner who took over the matter was considered because it raised substantial issues of justice.
This case demonstrates the importance of accurate fact presentation in criminal proceedings, particularly where an unrepresented accused pleads guilty. It establishes that the discharge of a maintenance order does not extinguish arrears already accrued, and that withdrawing money legitimately owed as arrears cannot constitute contempt of court. The case also highlights the review function of the High Court in correcting miscarriages of justice arising from incomplete or misleading facts, even in cases not ordinarily subject to automatic review.